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2006
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited "but see"
Hensley v. Durrani
(2×)
also: Cited "see"
But see id. at 63 , Moyer, J. dissenting (concluding that because the “gist of plaintiff’s allegations constitute an action for medical malpractice,” the medical-claim statute of limitations should apply). {¶19} Here, Ms. Hensley’s allegations go squarely to her diagnosis, care and treatment.
examined
Cited as authority (quoted)
Schmitz v. Natl. Collegiate Athletic Assn.
as a cause of action separate and distinct from medical malpractice, a claim for fraud is subject not to the medical malpractice statute of limitations but rather a four-year limitations period for fraud.
discussed
Cited as authority (quoted)
Kehoe Component Sales Inc. v. Best Lighting Products, Inc.
to prove a fraud in ohio, a plaintiff must demonstrate a material representation ... which actually induces ... detrimental reliance.
discussed
Cited as authority (rule)
Brockman v. Brookwood Capital Advisors, LLC
Gaines v. Preterm-Cleveland, Inc., 33 Ohio St. 3d 54 , 514 N.E.2d 709, 712 (Ohio 1987) (citing Burr v. Bd. of County Comm’rs, 23 Ohio St. 3d 69 , 491 N.E.2d 1101 (Ohio 1986)).
discussed
Cited as authority (rule)
Rewak v. Catanzarite
(2×)
also: Cited "see, e.g."
Gaines v. Preterm-Cleveland Inc., 514 N.E.2d 709, 712 (Ohio 1987).
discussed
Cited as authority (rule)
Marshall Goldman Motor Sales & Leasing v. Singh
Ohio Mar. 5, 2021) (quoting Gaines v. Preterm-Cleveland, Inc., 514 N.E.2d 709, 712 (Ohio 1987)). “‘Fraud can lead to both compensatory damages and punitive damages,’ and ‘[a] person injured by fraud is entitled to such damages as will fairly compensate him for the wrong suffered.’” Curran v. Vincent, 885 N.E.2d 964, 968-69 (Ohio App. 1st Dist. 2007) (citations omitted).
discussed
Cited as authority (rule)
Bingham v. Gourley
But Bingham doesn’t make either showing. ¶48 Instead, she cites an Ohio case from 1987, arguing that a medical malpractice statute of repose “does not further the goal of alleviating the alleged medical malpractice insurance crisis.” (Citing Gaines v. Preterm-Cleveland, Inc., 514 N.E.2d 709, 714 (Ohio 1987).) Yet, a more recent decision from the same court applied a 18 Cite as: 2024 UT 38 Opinion of the Court presumption of constitutionality and rejected a constitutional challenge to Ohio’s four-year medical malpractice statute of repose.
discussed
Cited as authority (rule)
Spitzley v. Together Health
Plaintiff’s Fraud Claim Fails as a Matter of Law A generous reading of Plaintiff’s Complaint suggests that Plaintiff is alleging a fraud claim against Defendants, which requires her to plead: “(a) a representation or, where there is a duty to disclose, concealment of a fact, (b) which is material to the transaction at hand, (c) made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred, (d) with the intent of misleading another into relying upon it, (e) justifiable reliance upon the represent…
discussed
Cited as authority (rule)
Hilary Levandofsky v. Abubakar Durrani
The Ohio Supreme Court has emphasized that a fraud claim can be considered independent from an underlying medical malpractice claim only if “the decision to misstate the facts cannot be characterized as medical in nature.” Gaines v. Preterm-Cleveland, Inc., 514 N.E.2d 709, 713 (Ohio 1987).
discussed
Cited as authority (rule)
Hilary Levandofsky v. Abubakar Durrani
The Ohio Supreme Court has emphasized that a fraud claim can be considered independent from an underlying medical malpractice claim only if “the decision to misstate the facts cannot be characterized as medical in nature.” Gaines v. Preterm-Cleveland, Inc., 514 N.E.2d 709, 713 (Ohio 1987).
cited
Cited as authority (rule)
Spangler v. Spangler
Gaines v. Preterm-Cleveland, Inc., 514 N.E.2d 709, 712 (Ohio 1987).
discussed
Cited as authority (rule)
Cahn v. Berryman
(2×)
also: Cited "see"
The Supreme Court of Ohio, when considering an analogous due process exception to a medical malpractice statute of repose, said that “[a] reasonable time in which to bring a medical malpractice action was defined . . . as one year after the discovery of the malpractice.” Gaines v. Preterm-Cleveland, Inc., 514 N.E.2d 709, 716 (Ohio 1987) (emphasis added) (internal quotation marks and citation omitted).
discussed
Cited as authority (rule)
Cahn v. Berryman
(2×)
also: Cited "see"
The Supreme Court of Ohio, when considering 15 an analogous due process exception to a medical malpractice statute of repose, said 16 that “[a] reasonable time in which to bring a medical malpractice action was 17 defined . . . as one year after the discovery of the malpractice.” Gaines v. Preterm- 18 Cleveland, Inc., 514 N.E.2d 709, 716 (Ohio 1987) (emphasis added) (internal 19 quotation marks and citation omitted).
discussed
Cited as authority (rule)
Joseph Starkey v. JPMorgan Chase Bank, NA
“The elements of fraud under Ohio law are: ‘(a) a representation or, where there is a duty to disclose, concealment of a fact, (b) which is material to the transaction at hand, (c) made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred, (d) with the intent of misleading another into relying upon it, (e) justifiable reliance upon the representation or concealment, and (f) a resulting injury proximately caused by the reliance.’ ” Lee v. Countrywide Home Loans, Inc., 692 F.3d 442, 449 (6th…
discussed
Cited as authority (rule)
Raymond Lee, Jr. v. Countrywide Home Loans, Inc.
The elements of fraud under Ohio law are: “(a) a representation or, where there is a duty to disclose, concealment of a fact, (b) which is material to the transaction at hand, (c) made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred, (d) with the intent of misleading another into relying upon it, (e) justifiable reliance upon the representation or concealment, and (f) a resulting injury proximately caused by the reliance.” Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54 , 514 N.E.2d 7…
cited
Cited as authority (rule)
Comtide Holdings, LLC v. Booth Creek Management Corp.
Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54 , 514 N.E.2d 709, 712 (Ohio 1987).
cited
Cited as authority (rule)
Bergmoser v. Smart Document Solutions, LLC
Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54 , 514 N.E.2d 709, 712 (1987).
cited
Cited as authority (rule)
Alpha Telecommunications, Inc. v. International Business MacHines Corp.
Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54 , 514 N.E.2d 709, 712 (1987).
discussed
Cited as authority (rule)
General Electric Medical Systems Europe, Inc. v. Prometheus Health Imaging, Inc.
A. We turn first to GEMS’s fraud claim. 1 The elements of fraud in Ohio are: “(a) a representation ... (b) which is material to the transaction at hand, (c) made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred, (d) with the intent of misleading another into relying upon it, (e) justifiable reliance upon the representation or concealment, and (f) a resulting injury proximately caused by the reliance.” Games v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54 , 514 N.E.2d 709, 712 (1987) (citati…
cited
Cited as authority (rule)
Kramer Consulting, Inc. v. McCarthy
Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54 , 514 N.E.2d 709, 712 (1987).
cited
Cited as authority (rule)
Javitch v. First Montauk Financial Corp.
Gaines v. Preterm-Cleveland, 33 Ohio St.3d 54, 55 , 514 N.E.2d 709, 712 (1987) citing Burr v. Stark Cty.
cited
Cited as authority (rule)
Oak Rubber Co. v. Bank One, N.A.
Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54, 55 , 514 N.E.2d 709, 712 (1987).
discussed
Cited as authority (rule)
United States v. Jack Watkins, United States of America v. Cap Tab Nutritional Formulating and Manufacturing Inc.
(2×)
See Evaluation Research Corp. v. Alequin, 247 Va. 143 , 439 S.E.2d 387, 390 (1994) (actionable fraud requires both a false representation "made intentionally and knowingly" as well as the "intent to mislead"); Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54 , 514 N.E.2d 709, 712 (1987) (actionable fraud requires both a false representation made "with knowledge of its falsity" and the "intent of misleading another into relying upon it"); Zampatti v. Tradebank Int'l Franchising Corp., 235 Ga.App. 333 , 508 S.E.2d 750, 758 (1998) (where fraud requires knowledge of falsity as well as "the inte…
cited
Cited as authority (rule)
Mulbarger v. Royal Alliance Associates, Inc.
See Delman v. City of Cleveland Heights, 41 Ohio St.3d 1 , 534 N.E.2d 835, 838 (1989); Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54 , 514 N.E.2d 709, 712 (Ohio 1987).
discussed
Cited as authority (rule)
Ed Schory & Sons, Inc. v. Francis (In Re Francis)
(2×)
Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54 , 514 N.E.2d 709, 712 (Ohio 1987).
cited
Cited as authority (rule)
Robotic Vision Systems, Inc. v. Cybo Systems, Inc.
Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54 , 514 N.E.2d 709, 712 (1987); Thompson v. Central Ohio Cellu *156 lar, Inc., 93 Ohio App.3d 530 , 639 N.E.2d 462, 471 (1994). 1.
cited
Cited as authority (rule)
DASHA BY DASHA v. Maine Medical Center
Garcia, 893 P.2d at 437-38 (barred eighty-five days after accrual); Gaines, 514 N.E.2d at 715-16 (barred six and one-half months after accrual).
cited
Cited as authority (rule)
Phoenix Technologies, Inc. v. TRW, INC.
Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54, 55 , 514 N.E.2d 709, 712 (1987).
cited
Cited as authority (rule)
Phoenix Technologies, Inc. v. TRW, INC.
Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54, 55 , 514 N.E.2d 709, 712 (1987).
discussed
Cited as authority (rule)
Fiorella v. Ashland Oil, Inc.
Co. v. Chrysler Corp. (1973), 36 Ohio St.2d 151, 156 , 65 O.O.2d 374, 377 , 304 N.E.2d 891, 894-895 (strict liability); Lonzrick v. Republic Steel Corp. (1966), 6 Ohio St.2d 227 , 35 O.O.2d 404 , 218 N.E.2d 185 , paragraph two of the syllabus (warranty); Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St.3d 54, 55 , 514 N.E.2d 709, 711-712 (fraud and deceit); Hoffman v. Johnston (1941), 68 Ohio App. 19, 29 , 22 O.O. 68, 73 , 36 N.E.2d 184, 189-190 (civil conspiracy).
cited
Cited as authority (rule)
Gelfand v. Action Travel Center, Inc.
Cf. Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St. 3d 54, 55 , 514 N.E. 2d 709, 712 (elements of a fraud action de *195 fined).
cited
Cited "see"
Kimberly Luse v. Abubakar Durrani
See Gaines v. Preterm-Cleveland, Inc., 514 N.E.2d 709, 713 (1987).
cited
Cited "see"
Howard v. Management & Training Corporation (MTC)
See Gaines v. Preterm-Cleveland, Inc., 514 N.E.2d 709 (Ohio 1987).
cited
Cited "see"
Deutsche Bank National Trust Co. v. Pevarski
See Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St.3d 54, 55 , 514 N.E.2d 709 ; Burr v. Stark Cty.
discussed
Cited "see"
Lundy v. Amer Cyanamid Co
See Gaines v. Preterm- that it is more likely than not that it was excessive Cleveland, Inc., 514 N.E.2d 709, 712 (Ohio 1987) (holding neurovirulence in a dose of vaccine that caused him to that misstatement by doctor could have caused plaintiff’s contract polio.” Id. at 501.
discussed
Cited "see"
Joseph R. Graham v. American Cyanamid Company, Roy Lee Lundy v. American Cyanamid Company
See Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54 , 514 N.E.2d 709, 712 (1987) (holding that misstatement by doctor could have caused plaintiffs physical injuries in action for fraud).
cited
Cited "see"
Jacobs v. Jacobs, Unpublished Decision (6-26-2003)
See Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St.3d 54 , 55 , 514 N.E.2d 709 ; Burr v. Stark Cty.
cited
Cited "see"
State ex rel. Ackerman v. Industrial Commission
See Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St.3d 54 , 514 N.E.2d 709 .
cited
Cited "see"
Harrel v. Solt, Unpublished Decision (12-27-2000)
See Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St.3d 54 , 55 , 514 N.E.2d 709 ; Burr v. Stark Cty.
discussed
Cited "see"
Dutton v. Acromed Corp.
See Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St.3d 54, 56 , 514 N.E.2d 709, 712-713 ("A physician's knowing misrepresentation of a material fact concerning a patient’s *813 condition, on which the patient justifiably relies to his detriment, may give rise to a cause of action in fraud independent from an action in medical malpractice.”). 33 .
cited
Cited "see"
Aluminum Line Products Co. v. Brad Smith Roofing Co.
See Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St.3d 54 , 514 N.E.2d 709 ; Pollock v. Kanter (1990), 68 Ohio App.3d 673 , 589 N.E.2d 443 .
cited
Cited "see"
Akers v. Alonzo
See Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St.3d 54 , 514 N.E.2d 709 .
discussed
Cited "see, e.g."
Price v. United States Of America
Co., 684 N.E.2d 1261, 1269 (Ohio Ct. App. 1996); see also Gaines v. Preterm-Cleveland, Inc., 514 N.E.2d 709, 712 (Ohio 1987) (establishing that a claim for fraud can be based on concealment of a fact by someone with a duty to disclose it).
cited
Cited "see, e.g."
Simon Property Group, L.P. v. Kill
See, also, Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St.3d 54, 55 , 514 N.E.2d 709 .
discussed
Cited "see, e.g."
Putman v. Wenatchee Valley Medical Center, PS
Francis Hosp., Inc., 401 A.2d 77, 80 (Del. 1979); see also Gaines v. Preterm-Cleveland, Inc., 33 Ohio St. 3d 54, 60 , 514 N.E.2d 709 (1987) (holding a medical malpractice statute of repose requiring an action to be commenced four years after a negligent act violated the state constitution’s “open courts” provision when plaintiff was unable to discover existence of claim until three years after negligent act).
discussed
Cited "see, e.g."
Putman v. Wenatchee Valley Medical Center
Francis Hosp., Inc., 401 A.2d 77, 80 (Del.1979); see also Gaines v. Preterm-Cleveland, Inc., 33 Ohio St.3d 54, 60 , 514 N.E.2d 709 (1987) (holding a medical malpractice statute of repose requiring an action to be commenced four years after a negligent act violated the state constitution's "open courts" provision when plaintiff was unable to discover existence of claim until three years after negligent act).
discussed
Cited "see, e.g."
Veterinary Dermatology v. Bruner, Unpublished Decision (10-21-2005)
See, also, Ohio Attorney General v. John Doe 26 (2000), 141 Ohio App.3d 242 , 254 , 750 N.E.2d 1149 . 8 See Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 , 105 , 1996-Ohio-336 , 671 N.E.2d 241 . 9 See Berge v. Columbus Community Cable Access (1999), 136 Ohio App.3d 281 , 326 , 736 N.E.2d 517 . 10 Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St.3d 54 , 55 , 514 N.E.2d 709 , citing Burr v. Stark Cty.
discussed
Cited "see, e.g."
Howland v. Lyons, Unpublished Decision (3-7-2002)
Co. v. Triskett Illinois, Inc . (1994), 97 Ohio App.3d 228 , 646 N.E.2d 528 , quoting Kham Nate's Shoes No. 2, Inc. v. First Bank of Whiting (C.A. 7, 1990), 908 F.2d 1351 . 9 McManamon v. HR Mason Contrs., 2001 Ohio App. LEXIS 4068 (September 13, 2001), Cuyahoga App. No. 79014, unreported, citing Beer v. Griffith (1980), 61 Ohio St.2d 119 , 399 N.E.2d 1227 . 10 See, Willis v. Avery Label Systems (1996), Ohio App. LEXIS 1057 (Mar. 21, 1996), Cuyahoga App. No. 68617, unreported; See, also, Gaines v. Preterm-Cleveland, Inc . (1987), 33 Ohio St.3d 54 , 514 N.E.2d 709 . 11 Carter v. Warner Interior…
discussed
Cited "see, e.g."
State ex rel. Woods v. Oak Hill Community Medical Center, Inc.
See, e.g., Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St.3d 54 , 514 N.E.2d 709 ; Meinze v. Holmes (1987), 40 Ohio App.3d 143 , 532 N.E.2d 170 ; Turner v. Children’s Hosp., Inc. (1991), 76 Ohio App.3d 541 , 602 N.E.2d 423 .
Retrieving the full opinion text from the archive…
The State, ex rel. Maurer
v.
Franklin County Board of Elections
v.
Franklin County Board of Elections
No. 87-1628.
Ohio Supreme Court.
Oct 14, 1987.
Murphey, Young & Smith Co., L.P.A., David J. Young and Gregory W. Kirstein, for relator Barbara A. Maurer., Michael Miller, prosecuting attorney, and Harland H. Hale, for respondents Franklin County Board of Elections, Terry L. Casey, Donald W. Spicer, Marion G. Livingston and Florence P. Wilburn.
Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright.
Cited by 7 opinions | Published
Citer courts: Ohio Court of Appeals (1) · S.D. Ohio (1)
Upon consideration of relator’s complaint for writ of mandamus and motion for summary judgment, respondents’ motion to dismiss, and the parties’ stipulations of fact, it is ordered that the motion to dismiss be overruled, the 'motion for summary judgment be granted, and the writ of mandamus be granted as prayed for. We find that relator has filed her nominating petitions and statements of candidacy in substantial compliance with the provisions of R.C. 3513.261. See Stern v. Bd. of Elections (1968), 14 Ohio St. 2d 175, 180, 43 O.O. 2d 286, 289, 237 N.E. 2d 313, 317. Respondents are therefore ordered to immediately place relator’s name on the ballot as a candidate for the office of council member for the full term in the municipality of Dublin at the general election to be held on November 3, 1987.
Sweeney, Locher, Holmes, Douglas, Wright and H. Brown, JJ., concur. Moyer, C.J., not participating.